Clyde & Co secures early dismissal of key claims for emergency medical transportation provider

Clyde & Co recently secured a significant early victory on behalf of an emergency medical transportation provider in a personal injury lawsuit pending in Illinois.

The plaintiff alleged she sustained injuries while being transported to a hospital after purportedly falling from a stretcher while being loaded into an ambulance. She asserted claims for common carrier liability, negligence, and willful and wanton misconduct against the client.

The Clyde & Co team successfully moved to dismiss the plaintiff's common carrier and negligence claims. The firm argued that the emergency medical transportation provider was not a common carrier under Illinois law and therefore was not subject to a heightened duty of care. The team also argued that the Illinois Emergency Medical Services (EMS) Systems Act provides immunity from ordinary negligence claims arising from the provision of emergency medical services. The court agreed and dismissed both claims with prejudice, preventing the plaintiff from reasserting them in the future. As a result, the case may proceed only on a claim for willful and wanton misconduct, which carries a significantly higher burden of proof.

This team was led by Melissa Gardner, partner in the firm's Phoenix office, and Connor Bender, associate in the firm's Chicago office. Gardner and Bender successfully advanced dispositive legal defenses at the earliest stage of the litigation, positioning the client for a stronger defense moving forward.

By conducting an aggressive early case assessment and leveraging a deep understanding of Illinois statutory immunities and defenses available to emergency medical service providers, the team significantly reduced the client's potential exposure. The ruling eliminated key liability theories before discovery and materially strengthened the client's position, demonstrating the value of strategic motion practice and proactive risk management in complex personal injury litigation.

Learn more about our work: Dispute Resolution | Clyde & Co